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Liberal Democrats on the Senate Judiciary Committee were hold- ing up Richardson's nomination to be Attorney General until institutional safeguards for an independent Special Prosecutor could be arranged. Richard- son clt one point tried to make it an is- sue of hi" own personal honor, but the senatol s insisted that the issue was an institutional one. v\Then Richardson reached for Al chi bald Cox, it seemed a neat stroke Cox, a Harvc:lrd Law School professor, had been Solicitor General in the Justice Depart111ent un- der Robert Kennedy in the Adlninis- tr'1tion of John F. Kennedy. Edward Kennedy clnd his allies applauded the appointment and eased up on their de- lliands for institutionctl arrangements. Archibald Cox was one of theirs Rich- ardson 'lnd the committee worked out a set of guidelines covering the office of the Special Prosecutor. They included the following: "The Attorney Gen- eral will not countermand or interfere with the Special Prosecutor's decisions or actions," and "The Special Prosecu- tor will not be removed from his duties except for extraordinary improprieties." The President said last night that he was issuing his orders to Cox "as an e111ployee of the executive branch." vVord comes that Ervin and Baker are saYIng they did not know that Cox was to be forbidden to proceed. Ervin is said to have thought that he would receive the full transcript of the tapes. One keeps wondering what they thought they were doing yesterday. \Vhy did they even go to the \Vhite House without consulting their col- leagues? Even now, perhaps an invita- tion to the White House has a Ilia jesty that is irresistible. The} may have been acting out of a sense of patriotisl11. Ervin and Baker are among those who are reluctant to tear at things too lliuch. The President's statement, printed in today's papers, suggests the strateg) he used with the two senators-and will be using with the public in the next ddys-and something of what is on his mind. He speaks of "the strain Imposed on the American people by the after- math of Watergate." "What matters most, in this critical hour," he says, '<is our ability to act-and to act in a wa} that enables us to control events, not to be paralrzed and overwhelmed b) them" (This sentence IS reminiscent of "Six Crises.") The President says, "There are those in the international communit) who ma) he tempted by our Watergate-related difficulties at home to misread Allierica's unity and resol ve in meeting the challenges we confront abroad." Patriotism, then, is to be equated with putting aside the is- sue of the tapes. The war in the Mid- dle East is dangerous. Kissinger has gone to Moscow. . I T is odd how natural It seem" that the networks are televising a press conference by the Special Prosecutor. ThIs folksr, tentative, Jimm) Stewart- like character I see on my television screen is not the cool, starch} Professor Cox I remember from attending his classes in labor law with frightened Harvard L'l w students. His casu'll manner now is disarming-and devas- td.ting. Fiddling with his jacket pocket, I " 1 ' . 1 1<'" savs, m certaIn) not out to get the President of the United States." He h h " 1 ' . says e WOI ries t at m gettIng too big for my britches" And then Co'- gets to the point, speaking of "what seems to me to be non-compliance with the court's order" He slices up the President's arrangement with the sena- tors, stating that it is "not a question of Senator StennIs's integrity." It is im- portant, he sa) s, "to adhere to the established institutions." The Presi- dent's instruction not to pursue tht: evidence is unacceptable not "because it interferes with Aichie Cox" but be- cause it represents "a basic change in the institutional arrangement that was established." It is, he sa) s, "inconsistent with pledges that were made to the United States Senate and through the Senate to the American people." Cox refers to the "slippery term. . . national secluit}." He makes it cle'lr that the issue was not just the tapeS but I " d f . " f I . t 1e repeate rustration 0 us at- tempts to obtain several papers, some of which were "put into a special cate- gory called 'Presidential files.'" He emphasi7es his "respect and affection" for .i\ttorney General Richardson. Of his conversations with Charles Alan WrIght on Thursday evening, he sa}s, "It was m) impression that I wa" being presented with things that were drawn in such a way that I could not accept them." He has slipped a hook into Richardson and the Senate If he goes, h<: intends to t'lke their honor with him. He says he does not believe that the President can fire hIm; only the